On the Adherence to Modesty in Criminal Law under the Concept of Positive Criminal Law-Taking the Criminal Law Amendment (XI) as an Entry Point

Povzetek

The concept of criminal law legislation has a weathervane and guiding role in the formulation of a country's criminal law, and the adopted concept of criminal law legislation plays an important role in the overall operation of a country's criminal law and the safeguarding of citizens' freedoms under a country's legal order. The operation of law begins with legislation, and with the promulgation and entry into force of the Criminal Law Amendment (XI) Act of 2021, the criminal law academia has triggered extensive discussions on the concept of criminal law legislation conveyed by China's supreme legislature, which has given rise to the difference of the concept of postive criminal law , the concept of passive law, and the concept of eclectic criminal law. In this era of rapid social development and change, according to the interests to be protected are increasing day by day, combined with the practice of criminal legislation at the present stage of China, the author believes that it is more necessary to adopt the concept of positive criminal law to deal with various complex issues, but should still be subject to the principle of modesty which is the essence of criminal law. Through the study of the new crimes added to China's Criminal Law Amendment (XI), the author can see that the legislator is seeking a balance between positive criminal law legislation and modesty.